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Chief Justice Christopher Hinkson of the B.C. Supreme Court says he will render a decision “sooner rather than later” in a civil suit brought by former B.C. Lion and CFL player Arland Bruce against the Canadian Football League.

Justice Hinkson heard arguments in court Tuesday put forward by Bruce’s lawyer, Robyn Wishart, and Stephen Shamie, the Toronto lawyer acting on behalf of the CFL. Former commissioner Mark Cohon, Dr. Charles Tator, director of the Canadian Sports Concussion Project, Krembil Neuroscience Centre and Leo Ezerins, executive director of the CFL Alumni Association, are also named as defendants.

Shamie made arguments that the first concussion lawsuit filed by a former CFL player against the league should have been adjudicated through the grievance procedure negotiated in the collective bargaining agreement between the league and its players.

Wishart, a brain and spine law specialist, contends that Canadian common law allows an individual to pursue legal action through the courts and that pro sports operate under different parameters than the standard collective bargaining agreement.

“We believe his grievance should have gone through arbitration, in the collective bargaining agreement, which he didn’t do,” Shamie said. “He circumvented that. Now, we wait for the decision. I have no idea when that will be. The judge said ‘sooner, rather than later.’ “

Bruce, a 13-year CFL veteran wide receiver, is seeking financial compensation from the defendants and alleges that he was allowed to return to play while still feelings the effects of a collision after going airborne and contacting the turf at Mosaic Stadium in Regina during a Sept. 29, 2012 game while playing for the Lions. He is no longer employable after being released by the Montreal Alouettes and continues to recover from the effects of the concussion.

“I’ve just really been trying to get my health back to 100 per cent,” explained Bruce, who said he is on medication and makes weekly visits to a physician. “There are a lot of other players (following his case) and just waiting to speak out. I’m not looking for sympathy. I’m looking for justice for all players. I have a son. If he plays football, I want him to be aware. This is going to help make the game safer.”

Larry Thompson, another ex-CFL player, was also a spectator in the courtroom and admits he’s keenly interested in the direction of Bruce’s civil suit. Thompson, who is 45 but requires a cane to walk, said he suffers from multiple sclerosis, attributable to his years playing professional football.

As well, Kay Woodward, the wife of former CFL player and Ottawa Rough Rider Rod Woodward, was another interested party. Her husband, now 71, is housed at a locked-down facility at Peace Arch Hospital for Alzheimer’s and dementia patients.

Since a story on Rod Woodward’s plight came to light in the Ottawa Citizen, more ex-CFL players have attached themselves to a class-action suit against the league.

“We are cresting over 100 (CFL) players impacted by repetitive head trauma,” Wishart said. “The hearing (Tuesday) was about whether players can sue the CFL for the money to help pay for the costs of medical treatment stemming from their long-term health problems. It takes very clear language in a collective bargaining agreement for a Canadian to give up their right to go to court.”

Bruce, a native of Olathe, Kansas, lives in Surrey with his partner, Cherish, a native of Edmonton, and his two young children, ages three and one. He is getting by through CPP benefits and the Canadian medical system. Bruce considers himself luckier than scores of ex-CFL players from the U.S., many of whom don’t have access to private or government medical plans for long-term disabilities.

“We saw the movie Concussion on New Year’s Eve — and that’s exactly what we’ve been living through,” said Cherish. “Exactly what you see is exactly what happened to Arland. It’s been tough on our family. We’ve survived it, through strength and will and the fact I’m able to work.”

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